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Buachaill, Barrister
Category: Law
Satisfied Customers: 10536
Experience:  Barrister 17 years experience
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My wife has been living and working in the UK since 4th

Resolved Question:

Hi My wife has been living and working in the UK since 4th May 2013 on a Spouce/CP of "me" visa. We have an appointment for extension on 11th January on FLR(FP,) however i just realised her visa expired on 2nd Jan, Can we still apply?
Submitted: 1 year ago.
Category: Law
Expert:  Buachaill replied 1 year ago.
1. Once you are applying for a visa of the same type - here a visa of a family member - then the making of an application allows the applicant to remain IN THE UK whilst the application is being dealt with. So here, the making of the appointment and the making of the application allows your wife to remain in the UK until the application is dealt with.
Expert:  Buachaill replied 1 year ago.
2. So she should go ahead and make the application on 11th January. Be aware that it would have been preferable if rather than making an appointment she had applied by post as this would immediately have stopped time running against her. However, she should go ahead, keep her appointment and make her application.
Buachaill and 2 other Law Specialists are ready to help you
Customer: replied 1 year ago.
Thanks for your answer. We ended up posting the application as HMRC informed us that they will not deal with an overdue application in person. However they did say that they will still consider the application provided it was posted within 28 days of the expiry. Luckily for us. We were only 3 days after. It's a shame they did not provide us with a 'what happens next letter' with the initial visa.